Page of. It is agreed that the Canadian Xxxx of Rights shall apply to the terms, administration and operation of this Collective Agreement. Harassment in the Workplace The Union and the Company recognize the problem of sexual and racial harassment in the workplace and are committed to ending it. Harassment is not a joke. It is cruel and destructive behaviour against others that can have devastating effects. It is an expression of perceived power and superiority by the over another person, usually for reasons over which the victim has little or no control: sex, race, age, creed, colour, marital status, sexual preference, disability, political or religious affiliation, or place of national origin. Harassment on any of these grounds can be made the basis of a complaint to most provincial and federal human rights commissions. Harassment can be defined as any unwelcome action by any person, in particular by management or a co-worker, whether verbal or physical, on a single or repeated basis, which humiliates, insults or degrades. ''Unwelcome'' or "unwanted" in this context mean any actions which the harasser knows or ought to know are not desired by the victim of the harassment. Sexual harassment is any unwanted attention of sexual nature such as remarks about appearance or personal life, offensive written or visual actions like graffiti or degrading pictures, physical contact of any kind, or sexual demands. Racial harassment is any action, whether verbal or physical that expresses or promotes racial hatred in the workplace such as racial slurs, written or visually offensive actions, jokes or other unwanted comments or acts. The experience of harassment can be overwhelming for the victim. People often react with shock, humiliation and intense anger. Therefore, the victim of harassment may not always feel comfortable going through the normal channels for resolving such a problem. Because of the sensitive, personal natures of harassment complaints, especially racial and sexual harassment, the victim may prefer initially to seek other assistance. This could be any local Union elected person or official, including members of the women's committee, human rights committee and affirmative action committee. This person could assist the harassment victim in bringing the to the attention of the top local Union leadership. The local Union president and the unit chairperson must contact the CAW national representative, and if necessary, they will meet with a senior Company to carry...
Page of. For the purpose of the time limits prescribed in this Article, the work week shall be deemed to be Monday through Friday. If either party's decision given following the conference in Step of the Grievance Procedure is not satisfactory to the other party, such grievance may be submitted to arbitration provided written notice of appeal to arbitration is served within thirty (30) calendar days of the delivery of the decision appealed from. The party giving notice shall also notify the designated Arbitrator. Both parties agree that the following Arbitrators shall be used to arbitrate grievances. Xxxxxxx Xxx Xxxxxxx Xxxxxx Arbitrators shall be designated in numerical order. When an Arbitrator is not available within sixty (60) days or any other time limit mutually agreed to by the parties, he will be by- passed in favour of the next Arbitrator in numerical order. The decision of the Arbitrator shall be final and binding on both parties. The cost of the Arbitrator shall be shared equally by the Company and the Union. The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. The arbitrator, however, in respect of a grievance involving a penalty shall be entitled to modify such a penalty. All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations involved in the grievance. Any allegation by either the Union or the Company that the other party has violated or misinterpreted this Agreement may be lodged in writing as a policy grievance, if by the Union to Management and if by the Company to the Chairperson of the Committee. Thereafter the policy grievance shall be dealt with at Step of the Grievance Procedure and failing satisfactory settlement at the conference, the policy grievance may then be appealed to an arbitrator in accordance with the time limits and procedure herein provided for arbitration. Commissioner System
Page of. Where a Company is remiss in forwarding pension contributions, it shall be responsible for its contributions for the period involved, and any lost interest for any period beyond thirty (30) days. Pension Plan contributions shall be payable as of the first day of employment. An Employee who is laid off or terminated will have pension contributions and deductions made on all basic earnings paid which includes regular paid leave. ARTICLE
Page of. In the event an Employee returns to sea and subsequently returns ashore, he will not be entitled to accumulated seniority for more than the period of his return to sea unless it is for more than one (1) year. Employees going ashore on a temporary basis, less than one year at a time, shall continue to accumulate seniority. The original date the Leave of Absence was granted will be reported on the seniority list annually. In addition, any changes in seniority caused by the Clause will be applied and reported annually. The Company will grant leave of absence to Employees who are elected as Representatives to attend Guild meetings, Guild Conventions, Conventions of Labour Organizations to which the Guild is affiliated or any Convention to which the Guild nominates the Employee as a delegate on its behalf or act as members of any Guild Negotiating Committee. An Employee shall be allowed to continue to receive his rate of pay from his layday account including red days up to a maximum of fourteen (14) days for the purposes of attending such conventions and/or meetings. When an Employee sits on a Guild Negotiating or Trustee Committee dealing with the Company the above fourteen (14) day limit shall not apply. This section shall not interfere with the provisions of Article It is agreed that before the Employee receives the leave of absence as set forth in Sections and above, the Company will be given due notice in writing by the Guild in order to replace the Employee during his absence with a competent substitute. An Employee, when returning from leave of absence, shall be reinstated in no less than the same pay classification the Employee held when granted the leave of absence. Should the Company not have a vessel of his former pay class, he shall receive the rate of pay of the next lower vessel group in which the Company operates a vessel. An Employee shall be entitled to compassionate leave of up to three (3) days to attend to urgent domestic affairs. Leave of more than three (3) days may be taken subject to Company approval, if the circumstances warrant. Employers are entitled to a maximum of four (4) days paid bereavement leave including any layday accumulation for those days immediately following the death of an immediate family member which are defined as:
Page of. An Employee in receipt of his regular earnings while giving service at court shall remit to the Company all monies paid to him by the court, except traveling and meal allowance. EDUCATION and UPGRADING The Parties agree that the initial Marine Emergency Duty Courses, I, and are covered by the provisions of this clause. The following concepts shall govern the payment of courses: On Company required education and training programs, the Company will bear all costs of tuition, including wages. On voluntary upgrading courses with controlled attendance including marine correspondence, upgrading courses, the Employer will bear the costs of tuition, books and fees and the Employee will contribute his time in accordance with Section The Employee will contribute his time in accordance with Article An Employee who fails to successfully complete a course shall reimburse the Company for tuition, books and fees. On required upgrading arising out of Government regulations, the Company will assist the Employee along the lines outlined in above. The Company will pay to each Employee who attends a required upgrading course necessary for maintaining his Continued Proficiency Certificate and Certificate as follows:
Page of. For each regular eight hour day worked, an Employee shall be credited with days leave. An eight (8) hour shift tug shall not normally be dispatched to work in excess of eight (8) hours. Should adverse conditions arise shortly before the end of a shift which necessitate working longer than eight (8) hours, overtime shall be paid for according to the provisions of Article On eight (8) hour shift tugs, Employees will be employed on a monthly pay basis except when a shortage of work necessitates a layoff of personnel.
Page of. An Employee who is called back to work after completing his shift and leaving the vessel, or who is called out on his regular days off, or when he would not normally expect to work shall receive a minimum of four (4) hours pay at the regular overtime rate. However, if the call-out is within two (2) hours of his regular shift starting time and he continues working into his regular shift, his pay for the call-out shall be two (2) hours at the regular overtime rate. For Employees will be informed of the specific to be performed when called by the Company. An Employee required to work two (2) hours or more beyond his regular shift shall be paid a meal allowance of twelve dollars fifty cents ($12.50). Where an Employee is required to commence his shift two (2) or more hours before his regular starting time, he shall receive the meal allowance. Further, where an Employee works ten (10) hours or more on an eight (8) hours shift or fourteen (14) hours or more on a twelve (12) hour shift, he shall receive the meal allowance. When an Employee on a shift tug is required to work from a regular shift into overtime, a minimum rest period of not less than nine (9) consecutive hours free of the vessel shall be allowed before he returns to work. If, by taking a rest period, he commences work later than the normal starting time of the shift following, he shall receive a normal day's pay for that shift. If an Employee is required to be available for a call to work on his regular day off, he shall be paid four
Page of. Xxx Xxxxx Xxx Xxxx RE: Payroll Procedures Regarding the method of paying Employees, the following procedures are agreed: The Company will continue to pay its’ Employees in the current manner, for the duration of the Agreement. Layday Positions When wage increments, provided for in the wage schedule are effected, the employee’s lay day position will be determined by the amount of dollars (plus or minus) in his lay day account divided by his new daily pay rate.
Page of. Collective Agreement B Leadership Premium Where the Company appoints an employee to provide leadership to his fellow coworkers, he shall be provided with an hourly leadership premium of for all hours worked. It is understood that the selection and appointment of such individuals will be at the Company’s discretion with the mutual agreement of the employee. Collective Agreement Page of
Page of. An employee who is injured at work will receive a full days’ pay for the day of the accident. An employee receiving benefits under the terms of the Workplace Safety and Insurance Board benefits will receive an amount to make up normal net pay. Employees incapacitatedby reason of advanced age or general impairment of health for the efficient performance of their regular duties may be placed in any job they are capable of filling, regardless of seniority, by mutual agreement of the to this Agreement. Employees thus re-assigned to a lower classification shall be red-circled.
